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(영문) 서울중앙지방법원 2018.05.25 2018노372

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable because it is too unreasonable for the lower court to have been sentenced to imprisonment (two years of imprisonment).

2. It is recognized that the Defendant appears to have led to the confession of all the crimes of this case and against the mistake.

However, in full view of the past records of having been sentenced to criminal punishment, and the records of punishment for fraud, the amount of damage caused by the crime of this case (as approximately KRW 300 million) are significant, and most of the defendants are used as study funds, living expenses, etc. to his father, and the quality of the crime is not good. The defendant did not agree with the victim, and there is no change of circumstances that could otherwise determine the defendant's age, sex, environment, motive, means and consequence of the crime, and all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentence of the court below is deemed to be within a reasonable and appropriate scope, and it cannot be deemed unfair.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.